Read the full judgment text of CACV 000139/2006 on BabelCite. This Court of Appeal judgment was delivered on 1 December 2006 before Hon Cheung JA, Yeung JA and Sakhrani J.
Divorce – Ancillary relief – Financial provision – Joint assets – United Metals shares – Fairness – 50% division – Cash and shares payment – Children’s maintenance – Appeal allowed in part – Cross appeal dismissed. The Court of Appeal considered whether the wife was entitled to more than 50% of the joint family assets. The Court held that 50% was the fair outcome given the wife's reasonable needs and the husband's financial situation. The structure of payment was modified to include shares to share the risk of the fluctuating asset. The cross appeal regarding children's maintenance was dismissed as the original order was reasonable.
Legal issues: Fairness of award exceeding 50% of joint assets · Structure of financial provision (Cash vs Shares) · Children's maintenance
Outcome: Husband's appeal allowed in part; Wife's cross appeal dismissed.
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